Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1887-02-05

and conditions. If the
manner of selecting this board is faulty,
it; if the nell upon it are
u~nfaithful provide remedies; but do
not discard the only practicable system
of relief because of political prejudices
upon the one hand, or of private dis
appointments upon the other.
1t is possible to reconcile the con-
ficting opinions above alluded to by
following in the legislative steps OF the
state of Illinois as we did in the adop-
ton of our constitution. The Illinois
constitution of 1870, itself modelled
upon that of Pennsylvania, contains in
the second division Of section II, arti-
Gle XI, these words: -sAnd the gen.
eral assembly shall, from time to
time, pass laws establishing reasonable
maximum rates of charges for the
transportation of passengers and
freight on the different railroads
in this state" 1t will be seen
that our constitution OF 1875 copies
these words almost literally. In
what was called the "granger cases"
the Illinois railroad and warehouse
laws were more fully ajudicated than
have ever been any other similar laws
in this country. 1t is not worth while
to cite the legislative action of Georgia,
frequently referred to, because the con-
stitution of that state does not present
the difficulty found in ours. Illinois,
however, has been all along the ground
to be traversed by US. In 1871 it en-
trusted the regulation OF freights en-
tirely to the railway commission.
Whether or not this action would final
ly have prevailed in the courts, it is i'm
possible to say. Those were more
belligerent days upon the part OF rail-
way corporations than are these. Vio-
lent resistance ensued, with litigation
over the disputed constitutional pro-
| vision,so that in 1873, with amendments
in 1874, the legislature changed the
law, placing in the hands of the COM
mission the power, not to fix maximum
rates aud themselves enforce them, but
preventing by specific provisions ex-
tortionate charges; requiring the COM
mission to establish rates which shall
be held III the courts to he prima Jacie
evidence of reasonsbleness; providing
fines of not less than $1,000 tor viola
tions of the law; requiring the COM
mission and attorney general to join in
suits for Its violation land providing for
repayment to persons injured OF three
times the amount of such damages, to.
gether with costs Of suit and reasona-
BILE attorneys fees.
This law has stood the test of four
teen years in Illinois, and is with very
rare exceptions obeyed by the railroads.
Where in cases OF disagreement it has
been disregarded the differences have
almost uniformly been adjusted by
arbitration. The railway and
wafGh6tiSe commissioners, as they
lSfsaa 9tft&&d In that state, in discu ssing
|ii{Ss9 ythis law, which is a new
anfffcnrious experiment in railroad leg
Ifalation, an attempt is made to adapt
to the present condition of the carrying
trade the principle of the common law
) that u common carrier shall charge
only reasonable rates for the transpor-
E tatiou Of passengers and freights. II
IL not an interference with the right o.
a railroad company obtained, through
its charter, to fix its wi rates in its
own way. On the contrary, the RICH
of every railroad common-carrier to
do this, subject to the common law
!, rule that the rates it fixes must be
= reasonable rates, is distinctly asserted
in the statute. The law simply pro-
: vides a new rule by which the question
of the reasonableuess of any charge
made by a railroad common carrier
may be determined by a jury"
The Intelligencer's advice to the
joint committee on internal improve
ments would be to perfect a bill, al
: q JOINT committee, incorporatin!
In it the principles above embod
led, with specific sections agains
8 determinations, directly or indirectly
= providing for the building of switche
on demand of the shipper and at hi
expense; providing for the FURNISHING
= of cars upon demand of the shipper
and for the operation of cars Furnished
n by the shipper, under proper regula
Q tons and Limitations; prohibiting
railway company from engaging in an
other business than that stipulated i
its charter; and for all those thing
10 that should be included In the law a
mandatory provisions, with sever
10 penalties.
10 IT we were q member of the JON
IL committee we should advocate II
B. course indicated above, and we shoul
IS move that the committee meet at ever
" available moment, and consider all til
le bills before it, first rejecting eve
at section inconsistent with this view, al
n. then considering the remainder, a Sc
tence at a time, adopting the good an
discarding the bad or Indifferent until
is substitute bill should result that Won
g. be the capitalization of the best thong
lie in both houses.
ut Some may allege, go, that would
sr a patchwork affair. Take the best b
be and pass it." The chances are that thu
g. have an axe to grind in some one of Il
bills. A patchwork that gives to t
b. people the best that there is in all
re the legislation offered will please the
of very well. In u humble judgmer
m and We have read them all CAREFUL
lat there is not a bill before the legislatu
gu which should he adopted as a Who'll